EE is unfair in its selection process for full-timers working in Canada on PGWP

[fl_pie]

Intent to return home at the end of your studies and intent to seek PR after returning home are two different things. When an applicant for a study permit shows intent to return home at the end of his/her studies, what he/she is saying is that he/she will indeed return home.

No one is saying intentions can't ever change. You can seek permanent residence after your studies but it must be done after you return home. If intent to return home is a requirement for issuing a student visa, then you must return home. A visa officer is required to refuse the visa application if he/she is not satisfied of your intent to return home at the end of your studies (and that's from the same manual you were quoting).

They just want to make sure they won't have to hunt that person down and forcefully remove him from the country if his student visa ends and he couldn't receive a permanent residency.

 

[cheesycheese]

You may want to consider contacting your local MP as, since you have Canadian kids, you may have some options with a Humanitarian & Compassionate application - support from your MP may help if that came to be, and keeping your family together with Canadian children is considered a factor (but not the only, unfortunately).

I read your post history but unfortunately your November CEC application is not eligible for H&C considerations since it's not a factor of the class (that is, if the cap has in fact been reached). I would also suggest investigate other options, which could include:

- LMIA (Which I'm sure you're working on)
- Provincial Sponsorship if available
- Extending your work permit with the current employer
- Student options (for example, if your wife went to school, and could be eligible for an open spousal work permit)

Hi Seton,

I appreciate your response and thanks for the things to think about.

I'm unable to extend my current work permit as I'm here on an ICT TWP and my company based in the UK that I transferred from actually sold the Canadian subsidiary that I now work for last year so that 'relationship' no longer exists.

Additionally the new company that now own us are making redundancies and I doubt they will invest both money and time into getting me a new work permit with an LMIA when they're trying to downscale. They may actually see this as an opportunity to remove a salary from the business without having to pay a decent sized redundancy package.

Neither myself or my wife were educated here (I assume that's what you meant?) so I don't think the education route is an option. My wife is actually already on an open spousal work permit but that was on the back of my ICT TWP when we moved here in 2012.

So I guess that only leaves me with the Provincial application from your list and I'm speaking to another Immigration Lawyer tomorrow to see if that (or anything else) is an option. If not, then I'm going to have to take a big breath and beg the company I work for to help out.

I think I'll also send an email to my MP tomorrow and explain my situation to see if he can do anything. It seems bizarre that my family's whole life could mean we are thrown out of a country that two of my children carry passports for because of one error on a CEC PR application back in August that then started a huge domino effect of things working against me.

 

[seton]

Neither myself or my wife were educated here (I assume that's what you meant?) so I don't think the education route is an option. My wife is actually already on an open spousal work permit but that was on the back of my ICT TWP when we moved here in 2012.

I actually was suggesting something a bit radical as in your wife returns to school (applies and receives a study permit so that she can become a full-time student). With her study permit, you may be eligible for an open spousal work permit [consider it role reversal] for the duration of her studies, which might buy you some time to work on alternatives but allow you to remain and work in Canada legally. Obviously this will have financial consequences (and she will likely need to apply for the study permit from outside Canada as well), but it may be an option.

I think I'll also send an email to my MP tomorrow and explain my situation to see if he can do anything. It seems bizarre that my family's whole life could mean we are thrown out of a country that two of my children carry passports for because of one error on a CEC PR application back in August that then started a huge domino effect of things working against me.

I would suggest calling the office and setting up an appointment with the staff there. At the very least, they should be receptive to hearing you out given that your kids are Canadian born. I wish you the best of luck and hope it all works out.

 

[cheesycheese]

I actually was suggesting something a bit radical as in your wife returns to school (applies and receives a study permit so that she can become a full-time student). With her study permit, you may be eligible for an open spousal work permit [consider it role reversal] for the duration of her studies, which might buy you some time to work on alternatives but allow you to remain and work in Canada legally. Obviously this will have financial consequences (and she will likely need to apply for the study permit from outside Canada as well), but it may be an option

Now there's a plan worth looking into........
You've been really helpful. Thanks again.

 

[dukhi]

I actually was suggesting something a bit radical as in your wife returns to school (applies and receives a study permit so that she can become a full-time student). With her study permit, you may be eligible for an open spousal work permit [consider it role reversal] for the duration of her studies, which might buy you some time to work on alternatives but allow you to remain and work in Canada legally. Obviously this will have financial consequences (and she will likely need to apply for the study permit from outside Canada as well), but it may be an option.
I would suggest calling the office and setting up an appointment with the staff there. At the very least, they should be receptive to hearing you out given that your kids are Canadian born. I wish you the best of luck and hope it all works out.

Cant his wife apply for study permit from within Canada?

 

[seton]

Cant his wife apply for study permit from within Canada?

She can through the mail, but it will still technically be processed outside of Canada (I believe it is recommended to use the Los Angeles office). The online study permit process is only for study permit renewals, but not for changing status to a student.

 

[dukhi]

She can through the mail, but it will still technically be processed outside of Canada (I believe it is recommended to use the Los Angeles office). The online study permit process is only for study permit renewals, but not for changing status to a student.

Are you sure? Coz i filled the questionnaire to apply for study permit from sowp and it made me eligible

 

[hope for the best]

I spoke to my manager and explained the situation...he said the whole reason we hired you is because we do not have to apply for LMIA... he said we can apply but it might come negative as this is a entry level job...

Well, I think you have misunderstanding about EE cos EE only allow people in NOC CODE O.A and B to apply and if your job is an entry level job then you can't use it to apply for EE anyway.... please look for a job that is qualified for EE first then you can discuss with your employer to apply LMIA for you

 

[mf4361]

Well, I think you have misunderstanding about EE cos EE only allow people in NOC CODE O.A and B to apply and if your job is an entry level job then you can't use it to apply for EE anyway.... please look for a job that is qualified for EE first then you can discuss with your employer to apply LMIA for you

Level of expertise has nothing to do with NOC code. Entry-level can be NOC 0,A,B , just as intermediate or senior level.

The reason entry-level workers (Most PGWP are) have a hard time getting LMIA is because most of them don't meet prevalent wage (required by LMIA). Most entry level/fresh from school jobs pays barely minimum, let alone close to median wage.

 

[cheesycheese]

Are you sure? Coz i filled the questionnaire to apply for study permit from sowp and it made me eligible

Before I go off researching all this, I wanted to ask a quick question.

Although my wife has an SOWP, she hasn't worked in Canada as we have 3 kids between 9 months and 4 years old so she stays at home to look after them. If the study permit option was workable for us as a family, what are the obligations for study - does it have to be a 'full time' study course or could she get away with doing something that takes much less time (a couple of days a week) or even night school?

 

[kakhileshreddy]

Hi All,

i got a score of 364 in EE. i am a PGWP holder with 1.5 years of experience and studied here in canada and IELTS score of 7.5.

this score way to low. so i spoke to my lawyer and she suggested few things below to increase points.

if married make your spouse to write IELTS/CELPIP.

if both have degrees back home evaluate them(WES)

this is the only option left to increase scores.

i am pretty sure that the feb 16 draw would be in favor of CEC people.

how can a PGWP holder get an LMIA if she has the open work permit employer will not be interested to get an LMIA.

hope for best guys. be positive about the situation.

-AKhilesh.

 

[dukhi]

Hi All,

i got a score of 364 in EE. i am a PGWP holder with 1.5 years of experience and studied here in canada and IELTS score of 7.5.

this score way to low. so i spoke to my lawyer and she suggested few things below to increase points.

if married make your spouse to write IELTS/CELPIP.

if both have degrees back home evaluate them(WES)

this is the only option left to increase scores.

i am pretty sure that the feb 16 draw would be in favor of CEC people.

how can a PGWP holder get an LMIA if she has the open work permit employer will not be interested to get an LMIA.

hope for best guys. be positive about the situation.

-AKhilesh.

who told you draw on feb 16??

 

[seton]

Before I go off researching all this, I wanted to ask a quick question.

Although my wife has an SOWP, she hasn't worked in Canada as we have 3 kids between 9 months and 4 years old so she stays at home to look after them. If the study permit option was workable for us as a family, what are the obligations for study - does it have to be a 'full time' study course or could she get away with doing something that takes much less time (a couple of days a week) or even night school?

The CIC definition of full time is what is recognized by the school. For universities that is often taking at least 3 full credit courses per term, but it differs between institutions. It will probably be difficult to do them all as night classes, but I know many full time students that only attend school 2-3 days a week due to scheduling multiple classes for the same day.

 

[Mltan]

i feel the concerns of the PGWP folks. While i'm not PGWP, but i'm on a closed work permit that was LMIA exempt (Intra company transfer) and i would say that the new rules definitely hurts both of us. Sucks that we're already working here in Canada and have canadian experience, but because we now need to get LMIA, not all employers are willing to help out on this front.

 

[cheesycheese]

The CIC definition of full time is what is recognized by the school. For universities that is often taking at least 3 full credit courses per term, but it differs between institutions. It will probably be difficult to do them all as night classes, but I know many full time students that only attend school 2-3 days a week due to scheduling multiple classes for the same day.

OK, thanks Seton.